Natura juridică a imunităţii preşedintelui republicii

In the given study, the author draws attention on the provisions of article 84 para. 2 of the Romanian Constitution, which regulates the presidential immunity.

The analysis focuses on both types of immunity – inviolability and immunity from jurisdiction. Regarding the legal nature of inviolability the author concludes that it is a special temporary cause which bars the initiation of criminal action or its continuance, in cases when it has already been initiated. On the other hand, immunity from jurisdiction is considered to be a special cause removing the criminal liability of the offender.


Observaţii critice asupra prevederilor art. 74 din Codul penal

The current study deals with the analysis of the new Article 741 of the Criminal Code, as revised by Law no. 202/2010 and presents the issues relating to its legal nature and negative impact based on an insufficient and incoherent regulation. For the future it is essential that the legislator should offer an accurate solution regarding the applicability of this article.